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(영문) 창원지방법원 2015.07.01 2015고단379

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On November 8, 2014, at around 09:52, the Defendant driven the above cargo vehicle, and led the two members of the window at Changwon-si, to turn to the left at the distance of the original public notice from the side of the front underground street.

There are on-and-off signals at the front of the defendant's running direction at the time of the cross-road crossing, and therefore, the driver of the motor vehicle has a duty of care to temporarily stop prior to the entry into the intersection or to check out whether there are the motor vehicles or pedestrians passing through the intersection while driving at the intersection, and even if there is a duty of care to safely proceed, the defendant neglected to do so and did so, and the defendant did not neglect to temporarily stop the road or turn left at the right and left, and caused the victim C (or 72 years of age) crossing the road to the front side of the driver's seat of the motor vehicle.

Ultimately, around December 15, 2014, at the Changwon Hospital around 09:12 on December 15, 2014, the Defendant caused the death of the victim by the occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents (1), and (2);

1. Investigation report (investigation into the scene of an accident, investigation into the scene of an accident, investigation into the scene, victim's conduct, and statement of witness);

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The range of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] general traffic accidents in general shall not be punished in the area (four months to ten months) mitigated (special mitigation).

2. The criminal defendant's erroneous determination that caused the instant traffic accident by occupational negligence, such as criminal facts, thereby causing the death of the victim, shall be liable for such crime;